Please is anyone out there ??? I would like to post the AQ tomorrow but just want someone to telll me its all ok !!!

Once more question........i would like to be paid by cheque.....when and who do I ask????

Ive figured out my AQ read the notes and added in this for Section G as 'borrowed' from somewhere!! I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. I believe the case will last no longer than 1 hour. I will post this tomorrow...does anyone have an idea of when my hearing date will be???? And now I know I dont need to send anything else off with it and im not including my fee as my claim is still not upto £1500 yet. Just panicking then I think!!

Hi all, Barclays have entered a defence on 27/11/06, copy of which was sent to me basically stating I have not provided strict proof of charges etc etc. My case has been transferred to Nottingham and I need to return the questionnaire no later than 16/12/06 along with a £100 fee if the claim is more than £1500.........this is where I need a bit of help.............Does that mean just my original charges amount of £1175 excluding the £120 MCOL fee and the 8% interest??? When I started MCOL i put my claim of £1175 and MCOL added the £120 fee to make a total claim of £1295. My original claim amount excluding the overdraft interest (it wasnt worth including this) is £1175.00 total for 3 accounts, and on the day the total 8% interest was £177.53 which I had to enter on the Particulars of Claim section, plus my MCOL fee of £120, which made a grand total of £1472.53, but with the 8% interest adding up daily this figure will be more than £1500 shortly, so do I treat my claim amount as £1175 and the court will tell Barclays to pay my £120 fee plus the 8% interest up until the settlement date???? Also it doesnt say if I need to return any documents to court yet, do I need to wait for a hearing date first???? So far I have printed out as per the 'Basic Court Bundle': Relevant Case Law Summary Early Day Motion from House of Parliment Dunlop v New Garage UTCCR 1999 UCTA 1977 SOGA 1982 OFT Statement Summary and I will also include all correspondance between me and Barclays, 3 seperate schedules of charges and copies of my 3 accounts statements, when I get at the office photocopier!! Im off for a read of the Allocation Questionnaire Notes but im sure ill be back with more questions.....ive done a huge amount of reading and printing already so im just starting to go a bit blind, sorry if the questions sound stupid i just need some clarification. thanks for reading, looking forward to your comments

well today i got my acknowledgement of my claim from moneyclaim and it will be served on 31/10/06 so i guess its game on !!!! can anyone tell me what the usual waiting time is now, its 28 days from being served and i imagine they will file a defence on the last day so from then to getting a court date what is the average timescale?? and after a hearing date has been set how long usually is it before they settle?? and one last question....how is the payment usually made, do they put in straight in the account or is it by cheque?? feeling very nervous all of a sudden

and already ive spotted a mistake !!!! at the rate of 8% a year from 21/5/01 £177.73, also interest at the same rate up to the date of now what???

i pasted this in the box instead, it wasnt the number of words i struggled with in the end it was fitting it on 24 lines that was a problem, ive just had to total everything and hope it doesnt look like a dodgy claim The claimant has a contract with the defendant a/c’s 80022594, 60125458, 60199206 which is conducted on their standard terms and conditions. The claimant claims the return of £1175.00 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 21/5/01 £177.73, also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.26.

Ive got a problem trying to fill in my particulars of claim bit. I have 3 accounts, my main current account which im claiming back £685 between 21/5/01 and 02/10/06 (5 years), my bills current account which im claiming £250 between 4/5/05 and 7/7/06 (1 year) and my 3rd current account which im claiming £240 between 12/5/05 and 3/7/06 (1 year). this is what ive come up with that fits with a few words leftover...can someone tell me if this is ok, or to confusing please The claimant has a contract with the defendant (a/c’s xxxxxxxx, xxxxxxxx, xxxxxxxx) which is conducted on their standard terms and conditions. The claimant claims the return of £685, £250 and £240 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 21/5/01 to 2/10/06 of £141.96, 4/5/05 to 7/7/06 of £17.79 and 12/5/05 to 3/7/06 of £17.78 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.26 many thanks

hi all, due to me being skint ive had to wait till payday before i could start moneyclaim, so ive just registered my details on the website and am nearly ready to start my claim but ive a few questions first. can i definately make just 1 claim for 3 accounts?? i have been charged £35 in between my lba letter and now so do i need to write another letter to barclays letting them know i will be increasing my claim amount?? barclays have since sent me another offer of £590, i didnt reply to the first one, do i need to reply to this one (will it look bad for court if i ignore them)?? and is it worth ringing the number on the bottom of the letter tomorrow before i start my claim - have they ever settled in this way?? has anyone else claimed for more than 1 account, i need to get my wording right and would appreciate any help on that. finally if anyone has any tips in general for moneyclaim i would be very grateful thank you

It also says in the offer letter that they will credit my account, and wondered if when they finally cough up the full amount can i ask they pay me by cheque instead (to pay into my savings account) rather than it just pay off my overdrafts, just cos barclays are giving me back whats mine i dont want to put it straight back their pockets. And as ive opened another account can i just switch all payments to my new account and leave the account dormant and just pay off the overdrafts a little every month??

i have received an offer from barclays of £100 out of £1140 i dont think so !!! And it also only has 1 account number (not 3) on the letter, is this a delaying tactic of theirs if I dont notice, or will i get another 2 offers for the other accounts?? and is it worth replying to the letter as i will be starting moneyclaim on 5th October

ok thanks spotty ill send it to the same address my prelim went to. i will need to re-word the lba slightly as they did respond to my prelim letter and i will claim for all 3 in one go from now on. its a right pain claiming for 3 accounts and i just needed some moral support its quite daunting once i started but its good to know help is there

thanks for that, do i need to say in the lba letter that its an amended amount cos i need to re-word the letter slightly anyway as they did respond to the prelim letter, and also cos the new schedule of charges will be different to the original sent with the prelim also had an offer of £126 waiting for us when i got home today - how cheeky are they?? thats even before the lba has been sent too?? and do i need to send the letter to say i will accept as part payment only or not bother as they never go for that, and if i should send it, should i put it in the same envelope as the lba letter and add a line in lba to say this??? sorry for asking any obvious questions, think i just need a bit of moral support

Hi everyone, This is my 2nd thread as my main one is rach342285 v Barclays. I am claiming £710 back from Halifax on behalf of my partner so this is a quick update. Statements requested 1st August to HO address with £10 postal order, received them 21st August. Prelim letter sent 29th August and bog standard reply and complaints letter recieved dated 5th September saying they will deal with the complaint no later than 4 weeks. But I've just noticed that there was actually 2 accounts and just my luck one charge of £28 is one account and £682 is on the other. My partner has said he's not bothered about the £28 so do I need to send the prelim again with the amended amount or just send the LBA with the new amount???? Comments appreciated thanks

Hi everyone First of all I want to say how fantastic this site is, I'm telling everyone about it who crosses my path!!! I have done lots of reading then left for a bit but now I'm back to get whats mine and I couldnt have done it without you guys so donation is guaranteed. I'm also having Halifax for £710 for my partner so I'll start a new thread for that. I have opened another basic account online with Alliance & Leicester so I am prepared for Barclays to pull the rug from my feet (just!) as my overdrafts are always £1300 every month nearly all month I have 3 accounts with Barclays so I requested all statements for 3 a/c's on 26th July sent special delivery at £4.10 sending the template letter and £10 cheque to Pete Townsend, reply recieved from Pete on 28th July with cheque returned saying the usual 'we are not obliged to' blah blah blah. It also spouts the usual about manual intervention but I am actually a 'victim' of manual intervention so it will be interesting if this is mentioned at all!!! Statements arrived 28 days later from Leicester. I have been charged £240 on one, £250 on the 2nd and £650 on the 3rd making a total of £1140 I did a list of charges (couldn't be bothered with the interest part as I live in my overdraft anyway) and have sent off 3 Prelim letters each with its own list of charges on 29th August to the Centre Manager Leicester LE87 2BB as they sent me my statements I sent these recorded delivery as I couldnt afford the SP prices for 3 letters . I have received a bog standard reply with complaints leaflet from Barclays dated 5th September saying we are sorry and will answer you no later than 27th Sept YEH RIGHT ! LBA is being posted tomorrow cos thats 14 days from my prelim. Now do I still have to keep the 3 accounts seperate or can I combine them at any point? and which address is best to send the LBA(s). Think I've covered everything for now but any comments will be greatly appreciated

and by the way i have calculated nearly £500 so far and I only have 8 months statements at home

thanks for that, will do, just wanted someone to tell me it didn't matter lol i will post a new thread in barclays as soon as the ball is rolling

Thanks for the reply, so do you think I should just leave that part out my DPA letter ??

Hi, Am about to send my DPA letters to Barclays, but need some help with the manual intervention section of the letter. I hold 3 accounts with Barclays Bank. Problem is I have £670 o/d one on, a £500 o/d on the other and haven't got o/d on my 3rd a/c but have dipped in to the 'pot' and been charged for that a few times. I live in the o/d's every month for about 3 weeks out the month. My account was just beyond its overdraft limit of £670 when instead of refusing to pay my loan that was due, they paid and charged me £30 x 2, then actually moved £215.42 of my money from my 3rd a/c (as I was in credit with my 3rd a/c at the time) to level off my o/d to £700, even though that just happened to be £30 short of my o/d limit.........guess what.......charged £30 again then they let more payments go through?? !! Has anyone else heard of this before?? Comments appreciated....thanks

hi yeah this site is massive it takes ages to get your head round everything but so far so good....i have a few other bits on the go at the min so ill sort them out first then come back and pick a fight with barclays so bye for now and thanks

thanks for replying fruitycar, i tried ecobabes link but it didnt work so i contacted the administrator as instructed....hope thats ok!! still not quite sure on my position with my overdrafts tho...but i bet the bank charges would have contributed to that over the years and being on a set salary i have no way of making up my wages...would it wash if i argued 'i'll pay my overdraft back when you pay my charges back' ???? Other than that I'm going to wait until I have receipt of forms from A & L re new account then my DPA letter will be goin straight to barclays

Hi all, I have done loads of reading over a couple of weeks and so far have had a new current account offer from A & L and I'm returning the forms tomorrow. I have printed my DPA letter ready to send to Barclays Bank for 3 accounts I hold with them. Problem is I have £670 o/d one on, a £500 o/d on the other and haven't got o/d on my 3rd a/c but have dipped in to the 'pot' and been charged for that a few times. I live in the o/d's every month for about 3 weeks out the month. I have had more than my fair share of charges for going over my limit and payment charges so I guess they owe me a fair bit all in all !!! BUT....as I rely on my overdrafts, is account closure (and probably quick at that) a definate as I see this could be some sweet revenge for the banks. Also regarding manual intervention.......my account was just beyond its overdraft limit of £670 when instead of refusing to pay my loan that was due, they paid and charged me £30 x 2, then actually moved £215.42 of my money from my 3rd a/c (as I was in credit with my 3rd a/c at the time) to level off my o/d to £700, even though that just happened to be £30 short of my o/d limit.........guess what.......charged £30 again then they let more payments go through?? !! Has anyone else heard of this before?? Also have more beef with Great Universal, as basically I ordered furniture using a double commission offer and they are refusing to double my comission for various reasons. I have Trading Standards involved but its slow and i the issue has being ongoing since Dec 05 and just wondered if I could hassle them another way. Thanks for reading comments appreciated!!